As lawyers and legal professionals that focus on class action lawsuits and multidistrict litigation, we understand the complexities of mass tort legal processes. People injured by dangerous products and other nationwide issues need a reliable source of information to learn about their legal rights and understand the potential compensation they may receive because of their injuries.
If you or a loved one were injured by using a Philips Respironics CPAP device, reach out to the dedicated team at Lawsuit Legal News to learn about your options and how quickly you must act. To get you started, here are some of the most common CPAP lawsuit FAQs we receive about the pending action and our general answers.
Who is involved in the CPAP lawsuit?
The primary parties involved in the CPAP lawsuit are the plaintiffs, a group of CPAP machine users claiming harm or injury due to the alleged defects, and the defendant, which makes the CPAP machines, Philips Respironics. Additionally, legal representatives, expert witnesses, and possibly regulatory bodies may participate in the litigation process.
What are the specific allegations against Philips, the CPAP manufacturer?
The specific allegations will vary based on the case, but they commonly include claims that Philips made defective, inadequately designed, and unsafe CPAP machines. These defects may have released harmful particles, such as foam or gases, into the users’ airways, causing health issues, including respiratory problems, lung irritation, or other adverse effects.
How has the CPAP machine affected users’ health?
Users with adverse effects from the CPAP machines are reporting respiratory difficulties, exacerbation of existing respiratory conditions, coughing, shortness of breath, chest pain, or inflammation. Some users may need medical intervention for other health complications due to the alleged defects in the CPAP devices.
Potential CPAP cancers caused by inhalation of degraded foam in the Philips CPAP lawsuit include:
- Bone marrow cancer
- Breast cancer
- Multiple myeloma
- Bladder cancer
- Brain cancer
- Esophageal cancer
- Lung cancer
- Thyroid cancer
- Tonsil cancer
- Non-Hodgkin’s lymphoma
- Nasal cancer
- Reactive airway disease (RAD)
- Testicular cancer
- Lung or pulmonary disease
- Respiratory disease
By August 2022, the FDA had received more than 69,000 medical device reports and linked 168 deaths to inhaling the degrading foam in the Philips CPAP machines. Of the nearly 70,000 FDA medical reports received, many included cancers, pneumonia, dizziness, asthma, and chest infections.
What is the current status of the CPAP lawsuit? Is it a class-action lawsuit?
At this point, no class action lawsuit deals with CPAP cases. Instead, all federal CPAP lawsuits consolidated into multi-district litigation (MDL), which is based in the Western District of Pennsylvania. Forming an MDL allows similar mass tort lawsuits to combine for pre-trial procedures like evidence discovery and motion hearings.
In an MDL, all parties have access to the same information and the same judicial rulings bind them. This ensures the creation of consistent legal precedence and avoids forum shopping where parties try to find a judge who may rule in their favor.
How can I determine if I am eligible to join the CPAP lawsuit?
To determine your eligibility to join the CPAP lawsuit, consult an experienced CPAP lawsuit attorney with product liability and medical device lawsuit experience. They will evaluate your situation, including medical records and evidence of harm caused by the CPAP machine, to determine if you have a valid claim.
In general, you may qualify to join the CPAP lawsuit MDL if you:
- Are under 80 years of age
- Used one of the recalled Philips CPAP, BiPAP, or ventilator devices
- Suffered from serious side effects or received a diagnosis of cancer, respiratory illness, asthma, or other qualifying condition.
A skilled CPAP attorney will perform an in-depth investigation of your medical records and analyze the applicable law. Also, because you must bring a claim within a certain timeframe, speak to an experienced mass tort lawyer at our related law firm immediately.
Our dedicated legal team can review your situation and explain if you can request compensation for your losses and your potential recovery. If you can join the multi-district litigation, we will walk you through the process to take the legal burdens off your shoulders so you can focus on your medical needs.
What compensation can I request if I join the CPAP lawsuit and my case is successful?
Since every person’s situation differs, the compensation that each claimant may recover will vary. Generally, successful plaintiffs may receive financial compensation for medical expenses related to their injuries, lost wages or income due to the harm they suffered, pain and suffering, and other CPAP injury-related losses. In some cases, a defendant’s particularly reckless or egregious actions may merit punitive damages.
How long does it take for a CPAP lawsuit to be resolved?
The timeline for resolving a CPAP lawsuit can vary significantly. Some cases may reach a resolution relatively quickly through negotiation or settlement, while others may take longer if they go to trial. The complexity of the case, the number of plaintiffs involved, and other legal factors can influence the length of the litigation process.
Since all federal CPAP lawsuits joined the MDL, they will proceed along the timeline established by the court in Pennsylvania. Some CPAP injury plaintiffs may have lost the opportunity to file a lawsuit based on their state’s statute of limitations. Cases that are already included in the MDL will probably continue in litigation into 2024.
What evidence does my injury lawyer need to support my claim in a CPAP lawsuit?
To support your claim in the CPAP lawsuit, work with an experienced product liability attorney who understands how these complicated cases work. You will need to provide your lawyer with relevant evidence linking your use of the CPAP device to medical problems and financial losses.
This evidence may include:
- purchase receipts showing you bought a Philips CPAP device,
- medical records documenting your health issues resulting from the CPAP machine use,
- receipts or invoices for any medical expenses incurred,
- testimony from medical experts or other witnesses, and
- other relevant documentation demonstrating the impact of the alleged defects on your health and well-being.
How can I find a lawyer to represent me in my CPAP lawsuit?
A lawyer experienced in handling CPAP lawsuits can ensure the success of your claim. You can consider recommendations from friends, family, or other trusted sources, like Lawsuit Legal News. Our dedicated team of attorneys and legal professionals is here to answer your questions and provide exceptional legal services, all starting with a free consultation at your convenience.
Contact the CPAP Lawsuit Team at Lawsuit Legal News Today
If you have any questions not answered in this CPAP lawsuit FAQ post, or would like to discuss your personal legal options, reach out to our experienced dangerous device lawyers today. Call for a free consultation at 866-467-0943 or fill out our online contact form now.